Royal Oak official accused of ethics, charter violations

A third-party investigator will look into allegations that an elected official of Royal Oak violated the city’s charter and ethics ordinance while serving on a committee that oversees the Royal Oak Animal Shelter.

Former shelter employees have alleged that City Commissioner Pat Capello micromanaged and mistreated them as long ago as 2005 and as recently as 2011.

However, they didn’t come forward until this year when city officials, particularly Capello, began talking about strengthening Royal Oak’s ethics law.

Also, this year, a 2012 management changeover at the small shelter at 1515 N. Edgeworth Ave. has gotten a lot of attention. Last spring, Animal Control Officer Gail Briggs took over management duties, in large part to handle what some considered severe overcrowding at the donation-dependent facility. Capacity now is limited to nine dogs and 28 cats, which is one per cage or holding pen.

However, as many as 119 cats and 15 dogs were kept at the shelter in 2011, when Capello is accused of wrongdoing. The facility was run like an animal rescue as much as a place for Royal Oak residents to find their lost pets and adopt new ones.

The previous shelter employees who took in so many animals said it was a poor economy and they considered it their job to “use our real estate to the fullest.”

Capello has said cats were stacked floor to ceiling and there were problems with illness and cleanliness.

Mayor Jim Ellison said the investigation into Capello’s role at the shelter will probably expose personality conflicts more than any violations by the commissioner but it has to be conducted.

“It’s been hanging out there for months. We’ve got to close it,” he said.

The mayor said conversations that Capello considers “suggestions” probably were construed as “orders” by the employees.

Royal Oak’s charter says elected officials can’t give orders to subordinates of the city manager, said City Commissioner Jim Rasor. He called for the investigation at the end of Monday’s long meeting. The 5-2 vote to investigate came eight months after Capello pushed for an ethics investigation into Rasor for planning to sell parking spaces during Arts, Beats & Eats. Rasor had leased a parking lot the city had planned to use to offset its festival costs.

Rasor never completed his application for the controversial parking station and that cleared him of any ethical violation.

“I understand his need for retribution,” Capello said of Rasor. “That’s predictable but the fact that the mayor has taken this route is very, very disappointing to me, especially since he’s the one who asked me twice, not once, but twice, to sit on the animal shelter (committee). Both times trouble was brewing, so I can thank him for helping to make this happen.”

Rasor said he regrets that an investigation will take place but the process calls for it because the city received signed letters alleging employees were berated and harassed.

He also told Capello he felt attacked by her last August when he was investigated for unethical behavior.

“I forgive you and I’m not doing this out of retaliation,” he said.

City Commissioner Michael Fournier agreed with the mayor. He said he won’t be surprised if the investigation simply reveals that some former employees think Capello is “a big meanie.” Even so, not moving forward will create the impression of a cover-up, he added.

“We won’t know unless we open it up and look at it independently,” Fournier said. “I wish these things would just go away but this one won’t. People want a conclusion to it. Let’s get over it like we have previous ones.”

City Commissioners Peggy Goodwin and David Poulton voted against hiring an outside lawyer to investigate Capello.

“I do question the timing of it,” Goodwin said. “These issues are coming now when it happened 1 1/2 years ago. If I was that angry and felt that preyed upon by an employer, I would have brought the issue up pretty quick after I was out of there.”

Goodwin also said she doesn’t think an investigation is warranted this time just because the commission voted to do so with Rasor.